Sports claims give anti-corruption reforms a life

The Commonwealth Attorney-General’s Department has been slow to move on its proposed anti-corruption reforms, when it appeared corrupt activity was limited to the corporate and government sectors. Now sport is in the mix, might we see some action?

The report handed down by the Australian Crime Commission (ACC) following its 12-month investigation into professional sport in Australia has there are links between professional athletes, organised crime, illegal drugs and match fixing. This tops off a horror few weeks for professional sport that has seen revelations by Europol, the European Union’s law enforcement agency, of match fixing in soccer and the widely publicised confessions by former professional cyclist Lance Armstrong.

So far, details of the investigation into Australian sport have not been revealed, but the issue of corruption in Australian sport has been gaining momentum over recent years.

In 2010 suspicions were raised about a betting plunge that took place on an NRL game between the Canterbury Bulldogs and the North Queensland cowboys. Ultimately six people and one player were charged after an investigation took place. And of course we all recall allegations surrounding Australian cricketers being paid for information about pitch conditions and team selections by Indian bookmakers.

A Melbourne jockey recently came to the attention of authorities when it was revealed he had bets placed on his behalf on horses he was racing against. There is the ongoing AFL investigation into claims that the Melbourne Football Club threw games to gain draft picks and a number of AFL players have been handed down heavy suspensions for placing small wagers on AFL games.

This of course all takes place against the backdrop of recent corruption revelations in the government and corporate sector. There is a current ICAC investigation into a former NSW minister, while AWB, Securency and the Australian Customs Department have all had well publicised corruption problems.

The question that now needs to be asked is, given the Commonwealth Attorney General’s Department have been slow to move on its proposed anti-corruption reforms, when it appeared corrupt activity was limited to the corporate and government sectors, will the inclusion of sport into this mix, which is such an important part of the Australia psyche, reinvigorate the reform process?

Over 12 months ago, the then attorney-general
Nicola Roxon
announced the formation of a National Anti-Corruption plan. To date, this plan still remains in draft form and there has been very little progress beyond the initial consultation process.

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At the same time reforms were floated to remove the facilitation payments defence that had been used as a way by some organisations to avoid breaching Australia’s anti-bribery legislation while still engaging in the practice. Removal of this defence would not only close this loop hole but would also align the Australian regulation with the recently introduced UK anti-bribery act. Again, this process has stalled.

Internationally, the US and UK legislation is shaping business practices when it comes to determining what is and what isn’t acceptable practice in the area of corruption. This is about to be joined by an international anti-corruption standard that is under consideration by the ISO.

The ball is well and truly in the court of newly appointed Attorney-General,
Mark Dreyfus,
who has an opportunity to shape Australia’s anti-corruption legislative framework, rather than having it dictated by the US, the UK and the broader international community.

It will be interesting to see if he decides to step up to the plate and confront this issue head on before the next election, or let it go through to the keeper with the possibility of it becoming someone else’s problem to deal with.

Martin Tolar is managing director of the Australasian Compliance Institute